Hukum Perdata : Pengantar (part 2)

Summary

This lecture explores the historical evolution and influences on Indonesia's Civil Code (KUHPerdata), tracing its origins from Roman law, through French and Dutch legal systems. The *Corpus Juris Civilis* formed the foundation for European civil law, which influenced the French Civil Code. The Dutch, under colonial rule, adapted the French code for Indonesia, applying it selectively. Post-independence, Indonesia's legal system became pluralistic, incorporating customary law, Islamic law, and the Dutch-influenced BW. The speaker highlights the importance of understanding the historical context of these legal traditions to better grasp Indonesia's current legal framework.

Takeaways

• 😀 The concept of civil law (Taqwa Perdata) in Indonesia has deep historical roots, influenced by various legal systems including Roman law, canon law, French civil law, and Dutch law.
• 😀 The development of civil law began with Roman law, specifically the 'Corpus Juris Civilis' codified by Emperor Justinian, which laid the foundation for later legal systems.
• 😀 The French Civil Code, derived from Roman law and canon law, played a significant role in shaping modern civil law systems in Europe, including Indonesia.
• 😀 The Dutch legal system was heavily influenced by the French Civil Code, and this influence was carried over to Indonesia during Dutch colonization.
• 😀 The Dutch 'Burgerlijk Wetboek' (BW) or Civil Code was implemented in Indonesia during the colonial period, starting in 1846, but initially applied only to Europeans and not to native Indonesians.
• 😀 The introduction of the BW to Indonesia was gradual, with its full application to the native population (Bumiputra) occurring in 1917 after a process called 'penundukan diri' (voluntary submission).
• 😀 Despite Indonesia's independence in 1945, Dutch law, including the BW, remained in force in the country, leading to a pluralistic legal system with multiple legal traditions coexisting.
• 😀 Indonesia's legal system is characterized by pluralism, with various laws in place for different groups, such as customary law (adat), Islamic law, Dutch law, and national law.
• 😀 In the early years after independence, the BW was only applied to individuals who voluntarily submitted to it, and judges had to determine if the parties were bound by the BW before applying it to cases.
• 😀 The influence of the French and Dutch legal systems on Indonesian civil law is still evident today, with legal practices rooted in these traditions but adapted to local contexts over time.

Q & A

What is the primary focus of the lecture in the script?

The primary focus of the lecture is to explain the historical development and influences on Indonesian civil law, particularly from Roman law, the French Civil Code, and the Dutch legal system, and how these influences have shaped Indonesia's current legal framework.

How did Roman law influence the legal system in Indonesia?

Roman law, particularly through the 'Corpus Juris Civilis,' provided a foundational influence on European legal systems. Its influence extended to Indonesia via the Dutch legal system, which incorporated elements of Roman law into its own legal structure, eventually impacting Indonesian civil law.

What is the 'Corpus Juris Civilis' and how did it impact French law?

The 'Corpus Juris Civilis' was a codification of Roman law ordered by Emperor Justinian. It significantly influenced French law, especially in the creation of the French Civil Code. Many concepts from Roman law, such as the structure of legal rules and the codification process, were adopted into French law.

Why is the French Civil Code relevant to Indonesian law?

The French Civil Code is relevant to Indonesian law because, during the Dutch colonial era, the French code was adopted in the Netherlands. As a result, the Dutch legal system, including the French-inspired Civil Code, was applied in Indonesia, especially to European residents.

What role did the Dutch play in the formation of Indonesian civil law?

The Dutch played a significant role by introducing their legal system, including the Dutch Civil Code (BW), to Indonesia during the colonial period. The BW was initially applied to Dutch and European residents but was later extended to Indonesians in 1917 through a process known as 'self-submission' (penundukan diri).

What does 'legal pluralism' mean in the context of Indonesian law?

Legal pluralism in Indonesia refers to the coexistence of multiple legal systems, including customary law, Islamic law, and the Dutch-derived civil law. This diversity reflects the complex legal environment where different communities may be governed by different sets of rules.

How did the Dutch Civil Code (BW) evolve in Indonesia after independence?

After Indonesia gained independence in 1945, the Dutch Civil Code (BW) was retained, as per the transitional provisions of Indonesia's Constitution. Although it remained in effect, the legal system in Indonesia also developed its own national laws, creating a mixed legal system influenced by the BW and indigenous legal traditions.

What is the significance of the 'self-submission' (penundukan diri) process in Indonesian law?

The self-submission process allowed native Indonesians (Bumiputera) to voluntarily accept the application of the Dutch Civil Code (BW) to their legal matters. This process, which began in 1917, expanded the scope of BW beyond the European population to include indigenous groups who chose to subject themselves to the civil law system.

How does the relationship between the Dutch Civil Code (BW) and Indonesian law affect legal practice today?

The BW continues to influence Indonesian law, particularly in areas such as contract law and civil procedure. However, its application is mixed with Indonesian customary laws and Islamic laws, creating a complex and pluralistic legal landscape. This historical influence still shapes legal interpretations and practices in modern Indonesia.

What key legal traditions have shaped the Indonesian legal system?

The Indonesian legal system has been shaped by several key legal traditions: Roman law (via the 'Corpus Juris Civilis'), French law (through the French Civil Code), Dutch law (specifically the Dutch Civil Code), Islamic law, and indigenous customary law. These traditions have blended to form a unique legal framework in Indonesia.